WISTUK v. LOWER MT. BETHEL TP. BD.


925 A.2d 768 (2007)

Jessica WISTUK, Appellant, v. LOWER MT. BETHEL TOWNSHIP ZONING HEARING BOARD and Lower Mt. Bethel Township Board of Supervisors, Appellees.

Supreme Court of Pennsylvania.

Decided June 25, 2007.


Attorney(s) appearing for the Case

Peter C. Layman, Esq., McFall, Layman & Jordan, P.C., Bangor, for Jessica Wistuk.

Joseph Andrew Zator, II, Esq., Zator Law Offices, Allentown, for Lower Mt. Bethel Township Board of Supervisors.

Dwight L. Danser, Esq., Northampton County Public Defender's Office, Easton, for Lower Mt. Bethel Township Zoning Hearing Board.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER and BALDWIN, JJ.


OPINION

Justice SAYLOR.

The initial question presented is whether a landowner's acquiescence to the conduct of a meeting of a zoning hearing board to entertain written briefs, deliberate, and render a decision constituted a waiver of the statutory entitlement to a deemed approval of a special exception and variance, where the Board did not issue a written decision within forty-five days after the close of the evidentiary record. We also consider whether...

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